6 CFR § 27.105 - Definitions.

§ 27.105 Definitions.

As used in this part:

A Commercial Grade (ACG) shall refer to any quality or concentration of a chemical of interest offered for commercial sale that a facility uses, stores, manufactures, or ships.

A Placarded Amount (APA) shall refer to the screening threshold quantity (STQ) for a sabotage and contamination chemical of interest, as calculated in accordance with § 27.203(d).

Alternative Security Program or ASP shall mean a third-party or industry organization program, a local authority, State or Federal government program, or any element or aspect thereof, that the Executive Assistant Director has determined meets the requirements of this part and provides for an equivalent level of security to that established by this part.

Associate Director for Chemical Security shall mean the Associate Director for Chemical Security, Infrastructure Security Division, Cybersecurity and Infrastructure Security Agency, Department of Homeland Security, or any successors to that position within the Department, or designee.

Chemical Facility or facility shall mean any establishment that possesses or plans to possess, at any relevant point in time, a quantity of a chemical substance determined by the Secretary to be potentially dangerous or that meets other risk-related criteria identified by the Department. As used herein, the term chemical facility or facility shall also refer to the owner or operator of the chemical facility. Where multiple owners and/or operators function within a common infrastructure or within a single fenced area, the Executive Assistant Director may determine that such owners and/or operators constitute a single chemical facility or multiple chemical facilities depending on the circumstances.

Chemical of Interest shall refer to a chemical listed in appendix A to part 27.

Chemical Security Assessment Tool or CSAT shall mean a suite of applications through which the Department will collect and analyze key data from chemical facilities.

Chemical-terrorism Vulnerability Information (CVI) shall mean the information listed in § 27.400(b).

Coordinating Official shall mean the person (or designee(s)) selected by the Executive Assistant Director to ensure that the regulations are implemented in a uniform, impartial, and fair manner.

Covered Facility or Covered Chemical Facility shall mean a chemical facility determined by the Executive Assistant Director to present high levels of security risk, or a facility that the Executive Assistant Director has determined is presumptively high risk under § 27.200.

CUM 100g shall refer to the cumulative STQ of 100 grams for designated Chemical Weapons (CW), located in appendix A to part 27 as the entry for the STQ and Minimum Concentration of certain Theft-CW/CWP chemicals.

Department shall mean the Department of Homeland Security.

Director shall mean the Director of the Cybersecurity and Infrastructure Security Agency, Department of Homeland Security, or any successors to that position within the Department, or designee.

Executive Assistant Director shall mean the Executive Assistant Director for the Infrastructure Security Division, Cybersecurity and Infrastructure Security Agency, Department of Homeland Security, any successors to that position within the Department, or designee.

Office of the Chief Counsel shall mean the Office of the Chief Counsel of the Cybersecurity and Infrastructure Security Agency, Department of Homeland Security, or any successors within the Department.

Operator shall mean a person who has responsibility for the daily operations of a facility or facilities subject to this part.

Owner shall mean the person or entity that owns any facility subject to this part.

Present high levels of security risk and high risk shall refer to a chemical facility that, in the discretion of the Secretary of Homeland Security, presents a high risk of significant adverse consequences for human life or health, national security, and/or critical economic assets if subjected to terrorist attack, compromise, infiltration, or exploitation.

Risk profiles shall mean criteria identified by the Executive Assistant Director for determining which chemical facilities will complete the Top-Screen or provide other risk assessment information.

Screening Threshold Quantity or STQ shall mean the quantity of a chemical of interest, upon which the facility's obligation to complete and submit the CSAT Top-Screen is based.

Secretary or Secretary of Homeland Security shall mean the Secretary of the Department of Homeland Security or any person, officer, or entity within the Department to whom the Secretary's authority under 6 U.S.C. 621 et seq. is delegated.

Security Issue shall refer to the type of risks associated with a given chemical. For purposes of this part, there are four main security issues:

(1) Release (including toxic, flammable, and explosive);

(2) Theft and diversion (including chemical weapons and chemical weapons precursors, weapons of mass effect, and explosives and improvised explosive device precursors);

(3) Sabotage and contamination; and

(4) Critical to government mission and national economy.

Terrorist attack or terrorist incident shall mean any incident or attempt that constitutes terrorism or terrorist activity under 6 U.S.C. 101(16) or 18 U.S.C. 2331(5) or 8 U.S.C. 1182(a)(3)(B)(iii), including any incident or attempt that involves or would involve sabotage of chemical facilities or theft, misappropriation, or misuse of a dangerous quantity of chemicals.

Tier shall mean the risk level associated with a covered chemical facility that is assigned to a facility by the Department. For purposes of this part, there are four risk-based tiers, ranging from highest risk at Tier 1 to lowest risk at Tier 4.

Top-Screen shall mean an initial screening process designed by the Executive Assistant Director through which chemical facilities provide information to the Department for use pursuant to § 27.200 of these regulations.

[72 FR 17729, Apr. 9, 2007, as amended at 72 FR 65418, Nov. 20, 2007; 86 FR 41890, Aug. 4, 2021]

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